Professions

The Plagiarist Strikes Back!

/ Jack Marshall / 35 Comments

Move along, Atticus. Nothing to see here, and I wouldn't want you to barf.

Well, some of you called it. I was a sap. I expected better.

Mary Frances Prevost, the California criminal law attorney who substantially expropriated an Ethics Alarms post and placed her name on it, responded to my request for an explanation, and failing that, an apology, a retraction, and proper credit, with this (on her Facebook page), in which she said, in part:

“I received a histrionic run-on-sentence email from someone named “Jack Marshall” today accusing me of committing crimes, threatening to report me to my bar association(s), the Inns of Court, and essentially spend your days and nights harassing me.” I have also viewed a a highly unethical rant published purportedly by you on a blog suggesting strongly that I have engaged in unethical conduct throughout the entire course of my career. I have counseled with one of the country’s premiere ethics attorneys. Here’s the result: 1) accusing me of a crime is defamation per se and unethical; 2) suggesting that my entire law practice has been based on unethical conduct is defamatory and unethical. I maintained copies both of your email and blog. It is clear that you are hell bent on engaging in systematic harassment and unethical conduct, the likes of which can, and most likely will, develop into a lawsuit unless rescinded forthwith. It is clear you have little to do in your life besides sent me emails accusing me of crimes, and writing poorly written blog posts accusing me of immoral behavior. Interesting how one making such claims, engages in most egregious conduct himself….But the sheer amount of energy really suggests something more: a lack of work; too much time; off your meds. I suggest you take a look inward and remove your defamatory and unethical blog post regarding me. Indeed, you should come clean on your blog. You’ve practiced law only two weeks before giving up. Yet, your resume suggests far more experience. I think you should rethink what you’ve done.”

Now how do you like that? Continue reading →

Is a Plagiarist a Trustworthy Attorney? Let’s Ask Mary Frances Prevost!

/ Jack Marshall / 46 Comments

This is me, apparently.

San Diego criminal defense attorney Mary Frances Prevost has an interesting post on her blog about the ethics of George Zimmerman’s first set of attorneys.

MINE.

You wouldn’t know it was mine, of course, because blogger/attorney/ former Washington Post journalist Prevost has slapped her own name on it. There it is, right at the beginning: “by Mary Francis Prevost.” I think that’s interesting.

Her post, entitled “The Trayvon Martin Case Trainwreck: George Zimmerman’s Attorneys Need To Shut Up!”, was posted the same day as the Ethics Alarms post, “Next To Board The Trayvon Martin Ethics Train Wreck? Why, The Lawyers, Of Course!”, which began, coincidentally enough, by quoting John Steel’s post from the Legal Ethics Forum that read, “[S]hut up, guys. Shut the h*** up.”  It was two introductory paragraphs later, however, when “her” post got into the substance of “her” analysis of the ethical problems with the farewell press conference given by George Zimmerman’s attorneys shortly before the shooter of Trayvon Martin was charged, however, that I really began getting a serious dose of deja vu, also known as “Holy crap! This woman stole my article!” Continue reading →

The Messy Case of the Courageous/ Zealous /Inept/ Dedicated/ Venal/ Lying/ Unethical/ Ethical Lawyer

/ Jack Marshall / Leave a comment

The courtroom chaos of Gilbert and Sullivan’s “Trial By Jury” was nothing compared to this!

One thing we do know for sure: the lawyer was rushed. And therein lies much of the problem.

This mind-blowing scenario, that could have easily been an episode on “Boston Legal” or “Ally McBeal,” occurred in California.  After a week long trial in a personal injury case where the brain-damaged plaintiff’s lawyer had asked for millions in damages, jurors  deliberated only four hours and announced they’d reached a decision. Both lawyers were certain a defense verdict, against the disabled man, was coming. Plaintiffs attorney C. Michael Alder pulled defense counsel  into the hallway for last-minute settlement negotiations, hoping that the defense would agree to some damages as insurance against a surprise plaintiff’s verdict. With his developmentally disabled client (who had suffered brain injuries in a fall from an ambulance) and his mother by his side, Alder exchanged figures and rejections with   defense lawyer James Siepler, who had an insurance claims adjuster on his cellphone.

Los Angeles County Superior Court Judge Michael Johnson was impatient, for the jury was ready to give its verdict. Literally at the last second,  Alder and Siepler agreed to a  $350,000 settlement, and returned to the courtroom. “The parties have advised me that they have reached a settlement of the case,” the judge informed the jurors, adding, “They will be happy to talk with you out in the hallway to get your views.”

They got the jurors’ views, all right. The jurors told the attorneys that they were going to award the plaintiff 9 million dollars. Continue reading →

Ethics Hero: “Gaia” Scientist James Lovelock

/ Jack Marshall / 14 Comments

James Lovelock

“The problem is we don’t know what the climate is doing. We thought we knew 20 years ago. That led to some alarmist books – mine included – because it looked clear-cut, but it hasn’t happened. The climate is doing its usual tricks. There’s nothing much really happening yet. We were supposed to be halfway toward a frying world now. The world has not warmed up very much since the millennium. Twelve years is a reasonable time… it (the temperature) has stayed almost constant, whereas it should have been rising — carbon dioxide is rising, no question about that.”

With that admirable statement of candor and humility, renowned earth scientist James Lovelock did what everyone in the climate change debate should be doing, and should have been doing all along. He admitted the uncertainty of climate science, the fallibility of models and projections, and the fact that the extent, speed, predictability and causes of climate change are still far from certain. If other scientists involved in this critical issue had Lovelock’s integrity,  perhaps ignorant pundits, journalists and politicians would not feel so justified in calling skeptics about climate change the equivalent of Holocaust deniers. Continue reading →

NOW the New York Times Is Going To Be Fair And Objective?

/ Jack Marshall / 1 Comment

I nearly entitled this “Jaw-Dropping Confession Of The Decade.”

Stop, you're killing me! My drink just came out my nose!

In his column today, Arthur Brisbane, The New York Times’ timid ombudsman (the Times calls him its “public editor”), writes a long post about widespread accusations that the Times has not applied the same objective rigor to Barack Obama that it could have, should have, and typically has done to other politicians despite its openly liberal tilt. Oh, Arthur’s defensive about it, all right, but his defense boils down to “it wasn’t intentional.” Brisbane appears to be convinced by an assortment of media scholars he respects that the accusations on the Right that the Times has been “in the tank” for Obama is not that far from the truth after all. Bias can be overcome, though, he concludes. Yes we ca…uh, well, you know.

Brisbane writes, Continue reading →

The Heroic Bird-Watchers and The Shame of the Star Princess

/ Jack Marshall / 3 Comments

If Captain Stubing had been at the helm, a tragedy might have been averted.

Rescue is a frequent topic on Ethics Alarms, usually in a disturbing context. We all have a duty to rescue others in peril, but we should never underestimate the powerful forces that often work against that duty. Rescue can be dangerous or frightening, and often there are perplexing questions about when an individual has done enough to ensure a rescue, and what constitutes “enough,” especially if the rescue fails.

In March, the Star Princess—a luxury cruise ship operated by Carnival—was on a cruise around South America. Three of the passengers were bird-watchers, who eschewed shuffleboard and the other fun activities organized by whoever was the counterpart to Lauren Tewes on “The Love Boat” to use their binoculars and telescopes to spot seabirds from the ship’s decks.

It was March 10 when one of the bird-lovers, Jeff Gilligan from Portland, Oregon., saw a boat with a person standing up in it, waving a dark piece of cloth. The vessel was at least a mile away.  Another Oregon bird-watcher, Judy Meredith, told reporters that when she focused her lenses on the boat, it was clear to her that the man waving the cloth was trying to get the Star Princess’s attention, and that the boat was drifting, without an engine. She went inside to try to alert the crew about the situation. After she talked to one crew member, she says, he called the bridge and she talked him through what she and Gilligan had seen.”I was trying to have a sense or urgency in my voice — and tell them that the boat was in distress, and they were trying to get our attention.” Another crew member used Gilligan’s telescope to look at the drifting boat, and confirmed their assessment. The boat was drifting in the open seas and in peril. Gilligan said that at that point “We were a bit relieved because he had confirmed that he had seen what we were describing. We expected the ship to turn back or stop or something.” Continue reading →

An Unethical and Stupid Blue Line

/ Jack Marshall / 5 Comments

Officer Tasca, defying a police taboo

Police have a hard, crucial and dangerous job, so it is not surprising that the profession has developed a culture of rigidly enforced mutual support, the famous “blue line” that represents order against chaos, with police protecting society from the lawless and the predators, and making solidarity among the components of that line a key element in its strength. I understand why the culture has evolved to be what it is, and why an ethic of unconditional loyalty and trust thrives in police departments. There are times. however, when enforcing the integrity of the blue line serves to undermine it, and the saga of Officer Regina Tasca of the Bogota (New York) Police Department appears to be one of them. Continue reading →

The Los Angeles Times, War, and the Reckless, Arrogant News Media

/ Jack Marshall / 19 Comments

The Los Angeles Times feels that you need to see this photo, and sensationalism has nothing to do with it. No, really.

Our national news media, which is as biased as ever, more untrustworthy than ever, and less professional than ever, is also more self-righteous than ever, which, I suppose, figures. The most recent display of self-righteousness, along with gratuitous recklessness and arrogance, is the Los Angeles Times’ decision to publish photos of American soldiers posing happily next to the bloody mess that had been the bodies of Afghan suicide bombers. The Pentagon asked the Times not to run the photos, for obvious reasons. The mission in Afghanistan is hanging by a thread as it is, our relationship with the government and the populace serially wounded by a series of unnecessary events that placed the U.S. in a terrible light: in January, a video of Marines urinating on dead Taliban soldiers; in February, the botched disposal of copies of the Quaran, and shortly thereafter, the rampage of a deranged U.S. soldier, who went door to door killing Afghan civilians. Such episodes, and the publicity they receive, jeopardize American interests and cost lives, as Secretary of Defense Leon Panetta explained while condemning the Times’ irresponsible decision. Continue reading →

Teacher Manuael Ernest Dillow: An Ethics Dunce, But, Of Course, An Aberration

/ Jack Marshall / 5 Comments

“THIS will teach you lousy kids not to disrupt class….KIDDING!!!”

We don’t have to belabor this one. Manuael Ernest Dillow, a welding teacher at a vocational school in Abingdon, Virginia, wanted to get the attention of his students, so he lined up twelve of them against a wall, took out a pistol, and fired at them multiple times. The gun was loaded with blanks.

Oh! Well that’s all right, then!

This idiot was arrested, and it looks like there is a good chance he’ll get serious jail time. Obviously he is an aberration in the great, essential and honored field of teaching. Continue reading →

Trayvon Martin-George Zimmerman Ethics Train Wreck Update: The Special Prosecutor Buys a Ticket!

/ Jack Marshall / 8 Comments

Don’t tell me Angela Corey is unethical too! Hey…I told you not to tell me!

Here, almost in its entirety, is noted legal ethicist Monroe Freedman’s post on the The Legal Ethics Forum, regarding Special Prosecutor Angela Corey’s outrageously unethical press conference. I was going to post on this myself, but I could not improve on Prof. Freedman, which should come as no surprise to anyone familiar with his career and contributions to legal ethics theory. His title was “Trayvon Martin, Angela Corey, and Prosecutors’ Ethics.”  When I read it, the only thing I could say was “Bingo!”  From here on, it is all Monroe:

“Special Prosecutor Angela Corey used her press conference to establish three things.

“First, her investigative team… “worked tirelessly” in a “never-ending search for the truth and a quest to always do the right thing for the right reason.”  We are “not only ministers of justice,” we are “seekers of the truth,” and we “stay true to that mission.” Continue reading →